POS/PLA 440

Special Topics in Law

International Law

 

 

Course Syllabus

Summer MTWTF @ 8:00-9:20 in L-215
 
INSTRUCTOR:   
Judge Richard Poland, Associate Professor of Social Sciences 
K-309 
Office: 819-6338
Office Hours: 7:30-8:00 A.M.  MTTF @ K-309
E-mail: polandrc@flagler.edu
 
TEXT:                
Fundamental Perspectives on International Law, William Slomanson, 4th Ed. Thomson, 2003.

Additional resources: The New York Times or an on-line News Service.
 
COURSE OBJECTIVE:

The objective of International Law is to provide students with a more in-depth study of how international laws and customs affect and influence the legal environment.
 
COURSE  REQUIREMENTS:

The students are expected to master the course material by reading the assigned chapters and resolving the problems at the end of each chapter.  Students will demonstrate proficiency in class discussions and on the final exam.  Students must also summarize and present at least one chapter to the class.
 
GRADING: A=90-100, B=80-99, C=70-79, D=60-69, F=0-59
The Final Exam is worth 75% of the grade.  The presentation is worth 25% of the grade.
 
COURSE OUTLINE:

I.          States and Organizations
II.         Individuals and Corporations
III.       Extraterritorial Jurisdiction
IV.       Range of Sovereignty
V.        Diplomatic Relations
VI.       The Treaty System
VII.      Arbitration & Adjudication
VIII.     The Use of Force
IX.        Human Rights
X.         The International Environment
XI.        Economic Relations

LEARNING OUTCOMES:

Students will understand the fundamental principles of International Law as listed in the outline above.

 

ATTENDANCE:

Attendance is expected and necessary to master course materials.  More than four absences will result in a grade of WP or WF for the course, whichever is appropriate.  Be here and be enlightened.  Do not squander this learning opportunity.

 

CHEATING:

Cheating will not be excused or tolerated.  Anyone caught cheating will receive an "F" for the course.

METHODS OF INSTRUCTION:

The professor will employ the Socratic Teaching Method.  Students are expected to read the material before class and to participate in the class discussion. International cases will be briefed and discussed.

                          
STATEMENT OF DISABILITIES:

Special services and reasonable accommodations are available to those who are registered with the Office of Services for Students with Disabilities and who request assistance at the beginning of the summer session. Let me know what accommodation(s) you need and I will make my best effort to assist you.

 

COURSE SCHEDULE
(Tentative)
 
Week 1             Chapters 1 and 2.  Problems pp. 46 &91.
Week 2             Chapters 3 and 4.  Problems pp. 165 & 207.
Week 3             Chapters 5 and 6.  Problems pp. 239 & 297.
Week 4             Chapter  7.  Problems p. 335. Mid-Term Exam.
Week 5             Chapters 8 and 9.  Problems pp. 375 & 445.
Week 6             Chapters 10 and 11.  Problems pp. 520 & 575.
Week 7             Chapters 12 and 13.  Problems pp. 608 & 666.  Final Exam.
 
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Major Legal Systems of the World

Common Law
 
Civil Law
 
Socialist Law
 
Islamic Law
 
Other names
Anglo-American,
Judge-made
Continental, Roman
Communist
Religious law
 
Source of law
Judicial interpretation and legislation
Code
Marxist-Leninism
Sacred religious document

Lawyers
Mostly control courtroom
Judges dominate trials
Party members
Secondary role
 
Judge's qualifications
J.D. & usually a former practicing lawyer
Career bureaucrats
Party members
Religious as well as legal training

Degree of judicial independence
High
Insulated from regime
Courts are an extension of the state
Very limited
 
Juries
Often available at trial level
Mixed tribunals in serious cases
Often used at lowest level
Not allowed
 
Policy-making role
Courts share in balancing power.
Courts have equal but separate power.
Courts are subordinate to the legislature.
Courts and other governmental branches are subordinate to the Shari’a.
 
Examples
USA, Australia, England,
Canada, India
France, Germany, Israel,
Japan, Mexico
China, Russia
Saudi Arabia, Nigeria

 

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